SINGH (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant who was enrolled in a series of hospitality-related courses in Australia. The applicant provided evidence of funds held in the bank accounts of his sister and mother, supported by affidavits of support from them, to demonstrate financial capacity. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had provided sufficient evidence of financial capacity, including genuine access to those funds, as required by clause 500.214 of Schedule 2 to the Migration Regulations 1994 and the associated financial capacity instrument, IMMI 18/010.

The Tribunal considered the applicant's course fees and estimated living and travel costs for the duration of his studies, which totalled $32,290 AUD. The applicant had presented evidence of $20,581.91 AUD in his sister's New Zealand bank account and $69,752.56 AUD in his mother's Indian bank account, bringing the total available funds to $89,016.32 AUD. The Tribunal was satisfied that these funds were sufficient to meet the required costs and that the applicant had demonstrated genuine access to these funds through the provided affidavits of support from his family members.

Based on these findings, the Tribunal concluded that the applicant met the financial capacity requirements under clause 500.214. Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant had satisfied the financial capacity criteria.